Caller: That’s getting old, Eric. But, if you’d like, I can hang up and have “1999” call you back.

Me: You win this round. How can I help you?

Caller: I have a question about a possible employee termination.

Me: Ok. Whass— How can I help you?

Caller: Well, you see Eric, we want to terminate the employment of [insert name of employee with 15 performance issues over 6 months; maybe 1 of which is actually documented]…

*** waits for it ***

Caller: But, here’s the thing…

*** waits for it ***

Caller: The other day, he came to HR and complained about a manager singling him out because of [insert protected class]. And— Eric, did you just, “ka-ching”?

Me: No.

Caller: Yes, you did! And I’ll bet you pumped your fist too!

Me: No, I didn’t. Pics or it didn’t happen.

Caller: Whatever. ***Googles “New Employment Lawyer” AND Mature AND “no blogs whatsoever”*** I know the complaint is probably BS. We’ll investigate. But, how long afterwards do we have to wait until we fire him.

Me: Well, I read this jawn yesterday from the Eighth Circuit. It’s about a retaliation claim that the court allowed to survive a motion to dismiss because the plaintiff pled that she complained to the EEOC and was fired 6 weeks later. If the case gets to trial, she’ll likely need to have more proof of retaliation, but it’ll cost the employer a lot in defense costs if it wants to litigate.

Employer takeaways.

And, if you don’t fire fast enough, but you have a legitimate business reason for firing someone after they complain about discrimination, maybe wait a few months before carrying that out. Otherwise, you may have to pay a lawyer to defend a retaliation claim.

CONTRIBUTOR:

Eric B. Meyer

You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, as a Principal Partner of a national law firm, FisherBroyles, LLP, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.